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Articles 1 - 17 of 17
Full-Text Articles in Health Law and Policy
Advancing Behavioral Health Literacy, James Scollione
Advancing Behavioral Health Literacy, James Scollione
Journal of Social, Behavioral, and Health Sciences
Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse
St. Mary's Law Journal
The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …
The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon
Scholarly Works
Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter. Yet in spite of these statutes, most psychiatrists and courts will not commit an individual until they are found to pose a danger to themselves or others. All people have certain rights to be free from unwanted medical treatment, but for people with serious mental illness, those civil liberties are an abstraction, safeguarded for them by a system that is not otherwise ensuring access to shelter and …
The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, Svetlana Walker
Touro Law Review
No abstract provided.
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
All Illnesses Are (Not) Created Equal: Reforming Federal Mental Health Insurance Law, Stacey A. Tovino
Scholarly Works
This Article is the second, and most important, installment in a three-part series that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness. The basic impetus for this historical, medical, and legal project is a belief that there exists no rational or consistent method of distinguishing physical and mental illness in the context of health insurance law. The first installment in this series narrowly inquired as to whether a particular set of disorders, the postpartum mood disorders, are or should be classified as physical or mental illnesses in a range of health law contexts.* This second …
Reforming State Mental Health Parity Law, Stacey A. Tovino
Reforming State Mental Health Parity Law, Stacey A. Tovino
Scholarly Works
This Article is the final installment in a three-part project that presents a comprehensive challenge to lingering legal distinctions between physical and mental illness in the context of health insurance. The first installment in this series narrowly inquired as to whether the postpartum mood disorders should be classified as physical or mental illnesses in a range of health law contexts, including the context of health insurance. The second installment was broader in scope and challenged a number of federal provisions that allow publicly- and privately-funded health care programs and plans to provide mental health insurance benefits that are less comprehensive …
The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Kenneth Kress
The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Kenneth Kress
ExpressO
Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …
The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Ken Kress
The New Neurobiology Of Severe Psychiatric Disorders And Its Implications For Laws Governing Involuntary Commitment And Treatment, E Fuller Torrey, Ken Kress
ExpressO
Medical advances have led to statutory changes and common law overrulings. This paper argues that such changes are now needed for laws governing the involuntary commitment and treatment of individuals with severe psychiatric disorders. Recent advances in the understanding of the neurobiology of these disorders have rendered obsolete many assumptions underlying past statutes and legal decisions. This is illustrated by using schizophrenia as an example and examining two influential cases: California’s Lanterman-Petris-Short Act (1969) and Wisconsin’s Lessard decision (1972). It is concluded that laws governing involuntary commitment and treatment need to be updated to incorporate the current neurobiological understanding of …
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Seattle University Law Review
This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Seattle University Law Review
This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.
Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer
Drug-Induced Alteration Of Psychotic Behavior: Who Benefits?, Gerald J. Schaefer
Journal of Law and Health
Given the debilitating nature of psychosis, those affected are often unable to give informed consent about taking the medication. A crucial question is whether civil or criminal authorities can force the individual to take antipsychotic medication and under what circumstances this should be permitted. This review will focus on the current legal status of involuntary treatment with antipsychotics in various patient populations. The constitutional issues involved will be considered in light of both the patient's and the civil or criminal institution's rights and duties. A review of the literature suggests there is a critical need for a balanced position on …
Paternalism, Civil Commitment And Illness Politics: Assessing The Current Debate And Outlining A Future Direction, Bruce A. Arrigo
Paternalism, Civil Commitment And Illness Politics: Assessing The Current Debate And Outlining A Future Direction, Bruce A. Arrigo
Journal of Law and Health
The purpose of this article is to examine critically the role that both law and psychiatry have played in casting mentally ill persons as deviants, citizen / outsiders caught in a crossfire of illness politics. This examination will focus on those values protected and privileged by the medical and legal professions as reflected in confinement law and policy primarily during the last quarter of the twentieth century. The social, economic and political power these disciplines exercise in the lives of psychiatric citizens raises significant questions concerning the future of involuntary civil commitment both from a clinical and justice policy perspective. …
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Report Of Seminar On Law And Medicine, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles M. Leibson, John A. Krichbaum, Paul A. Van Pernis, William C. Ball, Galen J. White, Harry N. Peterson, B. J. Anderson, Harvey L. Ruben, William D. Weitzel, Oliver Grant Bruton Jr., Oliver H. Barber Jr., Joe C. Savage, Robert J. Turnley, William G. Winter, L. T. Grant, William D. Grubbs, Charles Landrum Jr., Leslie G. Whitmer, Robert Rich, Edward A. Rothschild
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Law and Medicine held May 26-28, 1976.
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
O'Connor V. Donaldson: The Death Of The Quid Pro Quo Argument For A Right To Treatment, Thomas P. Bliss
Cleveland State Law Review
On June 26, 1975, the Supreme Court was confronted with the controversial issue of whether there is a constitutionally guaranteed right to treatment for nondangerous persons who have been involuntarily and civilly committed to mental institutions. The Court avoided this long advocated issue and created the potential for future litigation by holding that a state cannot constitutionally confine a nondangerous individual solely for custodial care if such person can live safely in the outside world, without a finding of more than mere mental illness. This comment will discuss the decision in terms of the most volatile and frequently urged constitutional …
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Criminal Law - Insane Persons - Influence Of Mental Illness On The Parole Return Process, David G. Davies S.Ed., John H. Hess M.D.
Michigan Law Review
Defendants in the criminal process are divided into rigidly exclusive categories of mental health. The competent to stand trial are first separated from the incompetent. Then the competent are divided on the basis of their mental state at the time of their acts between the "sane" and the "insane." As long as these rigid categories are administered in an adversary trial system, some misdirection of victims of serious mental illness into the penal system is almost inevitable. Even where mental illness might otherwise prevent conviction, those accused of non-capital felonies are not likely to raise the question, and few courts …
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.
Michigan Law Review
The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Commitment Of The Mentally Ill: Problems Of Law And Policy, Hugh Alan Ross
Michigan Law Review
A number of recent events makes it timely to reconsider certain aspects of the relation between psychiatry and the law. In the past decade, both the public and the legal profession have been increasingly concerned with the impact of mental illness on the law. In 1952, an outstanding text, Psychiatry and The Law, was published as the joint effort of a lawyer and a psychiatrist. Two years later the Durham case laid down a new test of insanity in criminal cases, rejecting the M'Naghten rule. Interest in the case resulted in a host of law review articles, symposiums, and …